Showing : 61-70 of 151 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304A, 279, 337, 338, Probation of Offenders Act, 1958, Section 4-- Rash and negligent driving - Fatal accident - Benefit of probation - Where there is overwhelming evidence to suggest that vehicle was driven by accused in most rash and negligent manner, no leniency can be shown to accused - Benefit of probation not granted to accused - However, sentence imposed..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Fatal accident - Contributory negligence - Incident occurred when offending vehicle was passing through the barrier admittedly head of deceased was protruding out of body of vehicle, struck with the pole of barrier and he fell down and died - Statements given by PWs..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 357(3), Indian Penal Code, 1860, Section 304A, 279, 338-- Compensation - Offence u/ss 304-A, 279, 338 IPC - Grant of compensation with a direction that same should be paid to person who has suffered any loss or injury by reason of the act for which the accused has been sentenced has a different contour and the same is not to be regarded as a substitute..........
KERALA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304A, 279, 338, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 304-A, 279, 338 IPC - Quashing of proceedings - Settlement arrived at between parties - However, proceedings cannot be quashed, as alleged offences cannot be treated as a private dispute between parties, so as to persuade Court to accept compromise and to quash proceedings - Moreover,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304A, 279, Motor Vehicles Act, 1988, Section 181-- Rash and negligent driving - Modification of quantum of sentence - Keeping in view family situation, nature of crime and in the light of principles of Reformative theory of Criminal Jurisprudence, Court reduced sentence of imprisonment from one and half year to one year - With an additional..........
KERALA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304A, 279-- Fatal accident - Two vehicles involved in accident - A person sandwiched in between two vehicles on tarred portion of road when bus involved was reversing across the road - It may be unsafe to come to conclusion that there is criminal negligence on the side of driver of lorry when admittedly..........
KERALA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 279, 304A, 338-- Accident - Death of Motor biker in an accident with a cyclist - Offences u/ss 279, 304-A, 338 IPC lie against a cyclist - However, if a pedestrian is causing such an accident the offence u/s 279 IPC does not lie whereas other two offences lie...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and Negligent driving - Appeal against acquittal - All the eye witnesses turned hostile except PW10, son of deceased - PW10, in his statement before Court neither disclosed the number of bus nor the name of driver - But in FIR he stated the name of driver - There is material contradiction in..........
KERALA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 146, 177-- Rash and negligent driving - Death of pedestrian - Liability of motor cyclist - If pedestrian suddenly crosses road without taking note of vehicles plying through road, rider of motor cycle may not be in position to avoid accident - In such situation, it will not be possible to say that rider was..........
KERALA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Speed alone is not a criteria for deciding rashness and negligence of rider - Relationship between speed and rashness or negligence depend upon place and straight jacket formula is not possible to apply in all cases...........

Showing : 61-70 of 151 Results